Yes, you can appeal to the U.S. Department of Veterans Affairs (VA) if your traumatic brain injury (TBI) claim is denied. The options for you to do so are a Supplemental Claim, a Higher–Level Review, or an appeal to the Board of Veterans’ Appeals (BVA).
Generally, you have one year from the date you receive your claim denial letter to proceed with any of these appeal options. As you get ready to appeal the VA for a denied TBI claim, ask for help from a Veterans Affairs Disability benefits claims lawyer.
Your attorney will review your denial letter and find out why the VA rejected your benefits request. From here, your lawyer will build your case and position you to secure the benefits that you deserve.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
What Are My Options for Appealing the VA for a Denied TBI Claim?
Veterans Affairs has three options for appealing your denied traumatic brain injury claim. Your Veterans Disability lawyer will look at the specifics of your situation to determine which option will work well for your appeal.
Below are details about each of these options and what they entail.
Supplemental Claim
You can file a Supplemental Claim if Veterans Affairs rejected your traumatic brain injury VA claim and it was uncontested. When you submit your Supplemental Claim, you can ask the VA to review your initial benefits request based on new and relevant evidence or a change in law.
Higher-Level Review
In a Higher-Level Review, a senior reviewer from the VA will evaluate your benefits request. This reviewer will determine if any errors were made and, if so, can reverse your denial. Or, a difference of opinion could lead the reviewer to overturn your rejected claim.
Unlike a Supplemental Claim, you can’t provide new evidence with a Higher-Level Review.
BVA Appeal
With this option, a Veterans Law Judge will examine your case. The judge can look at your case based on your existing proof. Alternatively, you can provide new and relevant evidence. You also have the option of having a hearing with a Veterans Law Judge.
Trust a Veterans Disability appeals lawyer to serve as your legal representative and advocate. Your attorney will help you weigh the pros and cons of the different options for appealing your denied TBI claim to the VA. No matter which option you choose, your lawyer will guide you through each stage of the appeals process.
For a free legal consultation, call (800) 562-9830
How Can I Appeal to Veterans Affairs for a Denied TBI Claim?
Partner with a Veterans Disability appeals attorney who has received many positive client testimonials. Your lawyer will give your case their undivided attention. Initially, they will get information about why your TBI claim was rejected. Next, they can discuss your options for appealing, and you can decide which one can help you achieve your desired result.
When it comes to VA decision reviews and appeals, submit the required paperwork to Veterans Affairs as soon as possible. Your attorney will explain what form to complete for your appeal. If warranted, they can gather evidence for your Supplemental Claim or appeal to the BVA.
Your lawyer will keep you updated about the status of your appeal to the VA for your denied TBI claim. Ideally, the VA recognizes that your claim is legitimate, leading to a reversal. However, if your appeal is unsuccessful, your attorney can take further action on your behalf. At this point, they may appeal to the U.S. Court of Appeals for Veterans Claims (CAVC).
Factors to Consider if You Appeal the VA for a Denied Traumatic Brain Injury Claim
Err on the side of caution if you’re in doubt about how to appeal to the VA after your TBI claim is denied. Veterans Disability appeals lawyers will handle your appeal with care. They can give you insights into various factors that can determine whether your appeal is successful, including:
- The reason for your claim denial and whether your argument shows that the VA’s reasoning for rejecting your benefits request was invalid
- Medical records, buddy statements, and other evidence that you can provide to the VA to support your appeal
- Secondary service-connected conditions relating to your TBI, as providing the VA with details about these can boost your chances of getting your disability rating increased
Along with these things, don’t go through the appeals process by yourself. If you do, you risk mistakes that will hurt your chances of getting TBI Disability benefits.
Allow a Veterans Affairs Disability benefits claim attorney to help you with your appeal. Your lawyer will share legal resources with you, ensuring that you can make informed decisions during the appeals process.
Get Started on Appealing Your Denied TBI Claim to the VA
Following the denial of your traumatic brain injury claim, you have a limited window to appeal to the VA. Work with Veterans Affairs Disability benefits claims lawyers, as they will submit your appeal immediately.
The team at Marc Whitehead & Associates has 120 years of combined experience. Our attorneys know how tough it is to get a denied Veterans Disability claim for a TBI overturned. Let us help you with your appeal to Veterans Affairs. Contact us today.